Compliance with the Four-Month Procedural Time Limit Rule in ECHR Applications

Introduction: The Four-Month Time Limit Rule in ECHR Applications

The four-month time limit for applications to the European Court of Human Rights (ECtHR) is one of the most critical criteria for the admissibility of individual applications. With the Additional Protocol No. 15, which entered into force on February 1, 2022, the ECtHR reduced the application period from six months to four months. This regulation is based on Article 35 of the European Convention on Human Rights (ECHR) and aims to strengthen legal certainty for both applicants and states.

1. Legal Basis and Purpose of the Four-Month Procedural Time Limit Rule

Shortening the application period is directly related to preserving the secondary nature of the Convention. The four-month period;

• completion of trials within a reasonable time

• to prevent the loss of evidence,

• eliminate legal uncertainty
  .

In the Sabri Güneş/Turkey [BD] judgment, the ECtHR emphasized that the time limit provides predictability for both individuals and states in terms of the right to a fair trial. This rule not only ensures discipline in individual applications but also prevents states from remaining under constant uncertainty.

2. Beginning of the Period

• Final Decision

The four-month period begins to run from the date the final decision, rendered after exhausting all domestic remedies, is learned. For example, the final decision of the Court of Cassation or the Constitutional Court serves as the starting point for the purpose of calculating the time limit.

• Be Informed of the Decision

The notification of the final decision to the applicant or their representative shall be considered the starting point for the time limit. As stated in the Koç and Tosun/Turkey (cc) decision, the burden of proof regarding the date of learning of the decision rests with the state.

• Absence of Domestic Remedy

If no effective domestic remedy is available, the four-month period begins to run from the date the violation was learned. This is particularly important in claims of violations of absolute rights, such as the right to life or the prohibition of ill-treatment.

• Ongoing Situations

In cases of continuous violations (e.g., failure to investigate the fate of a missing person), the time limit begins to run from the date the violation ends. In the Varnava and Others/Turkey [BD] judgment, the Court emphasized that in such cases, applicants must apply to the ECHR within a reasonable time.

3. Expiration of the Term

The period begins the day following the date on which the final decision is received and ends exactly four calendar months later. This period does not extend even if it falls on a weekend or public holiday.

The ECHR, when assessing time limits, relies not on national legislation but on criteria specific to the Convention. This approach eliminates differences in time limit calculations across different legal systems and ensures uniform application.

4. Date of Application

• For an application to be considered submitted, the duly completed application form must be sent to the Court. According to Article 47 of the Rules of Procedure, applications submitted with incomplete information or documents do not interrupt the deadline.

  • Submission by post: The application date is the date it was mailed.

  • Submission by fax: Applications sent by fax do not suspend the time limit. The signed original application must reach the Court within four months.

  • Authorization document: If the application is made through a lawyer, a valid power of attorney must be attached. Otherwise, the application may be rejected.

5. Special Cases

• The Right to Life and Ongoing Violations

In cases involving disappearances related to the right to life, violations of the prohibition of torture, or long-standing property disputes, the Court expects applicants to act within a reasonable time. Unnecessary delays may lead to the rejection of the application on grounds of being timely.

• States of Detention

In cases of consecutive periods of detention, the four-month period begins from the date of the last detention. Periods of detention related to different trials are evaluated separately.

Implementation from Türkiye's Perspective

In Turkey, the four-month time limit rule begins to run after the exhaustion of the individual application process to the Constitutional Court. That is, individuals must first apply to the Constitutional Court, and within four months of the finalization of the Constitutional Court's decision, they must apply to the European Court of Human Rights.

Conclusion

The four-month time limit rule for applications to the ECHR was introduced to ensure that individual applications are made in a timely manner, to reinforce legal certainty, and to prevent delays in justice. This regulation, which entered into force on February 1, 2022, must be carefully followed to prevent applicants from suffering any loss of rights. The time limit begins upon learning of the final decision and, in cases of ongoing violations, runs until the violation ceases.

Therefore, anyone considering applying to the ECHR should never disregard the four-month deadline and should submit their application completely and accurately.

Sevgi Demirtaş, Law Faculty Student